Trading Post Australia Pty Ltd, Google Inc and others
Citation: NSD1323/2007 Conduct: ss 52 and 53(d). Alleged misleading or deceptive conduct and misrepresenting that the corporation has a sponsorship, approval or affiliation it does not have. Filing date: 11 July 2007
11 July 2007: The ACCC instituted proceedings in the Federal Court, Sydney against Trading Post Australia Pty Ltd, Google Inc., Google Ireland Limited and Google Australia Pty Ltd alleging misleading and deceptive conduct by failing to adequately distinguish 'sponsored links' from 'organic' search results.
The ACCC is alleging that Trading Post contravened ss. 52 and 53(d) of the Trade Practices Act 1974 in 2005 when the business names 'Kloster Ford' and 'Charlestown Toyota' appeared in the title of Google sponsored links to Trading Post's website.
Kloster Ford and Charlestown Toyota are Newcastle car dealerships that compete against Trading Post in automotive sales.
The ACCC is seeking:
declarations
injunctions
implementation of a trade practices compliance programs
corrective notice
costs.
21 August 2007: This matter is adjourned until 10 September 2007.
4 October 2007: Hearing before Justice Allsop. Notices of motion to strike out the statement of claim (Google) and to serve outside of jurisdiction (ACCC) were dismissed. Matter adjourned for further directions on 16 November 2007.
